Commercial Litigation

We handle high-stakes commercial disputes for our clients in federal and state courts, before administrative agencies and regulatory authorities, and in domestic and international arbitrations.

Our areas of focus include:

  • Antitrust actions;
  • Securities and derivative litigation;
  • Representation of financial institutions, including private equity and hedge funds;
  • Corporate governance and partnership disputes;
  • General business litigation, including contract disputes and business torts;
  • Professional liability cases;
  • Class action defense;
  • Commercial litigation arising from intellectual property disputes, including antitrust claims and breach of license agreements;
  • False advertising, trade secrets, trademarks, and trade dress cases;
  • Civil RICO claims; and
  • Proceedings under the False Claims Act.

Complex business disputes are rarely confined to one practice area. Private civil claims often accompany governmental and regulatory investigations. And breach of contract and business tort claims often arise in the context of wider litigation involving the antitrust, securities or intellectual property laws or the RICO statute.

Because of our broad legal experience, we are able to devise strategies that effectively address the interrelated legal challenges our clients face.

We are committed to understanding in detail our clients’ businesses. Our experience has taken us into fields as diverse as telecommunications, private equity, oil exploration, health care, and luxury retailing. In our view, only lawyers who understand their clients’ businesses can provide the level of representation on which we pride ourselves.

We approach each case as though it will be tried. At an early stage, we prepare an order of proof, setting forth our core trial themes, relevant legal standards, and supporting evidence. This exercise forces us to make complex things simple. It helps us to identify early the cases that should settle. It focuses our motions to dismiss and for summary judgment on the core themes of the case. And it prepares us to take a case to trial if we need to.

This approach lets us better advise our clients at each stage about the costs, benefits, and risks of the litigation. And because our adversaries know that we’re ready and willing to go to trial, our clients have an advantage at the settlement table.

Counselors for Critical Matters
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